Court : Supreme Court of India
Reported in : AIR2008SC3006; 2008(56)BLJR2598; 2008CriLJ3881; II(2008)DMC363SC; [2008(4)JCR125(SC)]; JT2008(8)SC227; 2008(3)KLT576; 2008(10)SCALE602; (2008)9SCC632; 2008AIRSCW5063; 2008(4)LH(SC)2860
..... purposes of this chapter, - (a) "minor" means a person who, under the provisions of the indian majority act, 1875( 9 of 1875) is deemed not to have attained his majority; (b) "wife" includes a woman who has been divorced by, or has obtained a divorce from, her ..... purposes of this chapter, - (a) "minor" means a person who, under the provisions of the indian majority act, 1875( 9 of 1875) is deemed not to have attained his majority; (b) "wife" includes a woman who has been divorced by, or has obtained a divorce from, her ..... to maintain- (a) his wife, unable to maintain herself, or (b) his legitimate or illegitimate minor child, whether married or not, unable to maintain itself, or (c) his legitimate or illegitimate child (not being a married daughter) who has attained majority, where such child is by reason of any physical or mental abnormality or injury unable to maintain itself, or (d) his father or mother, unable to maintain himself or herself, a magistrate of the first class may, upon proof of such ..... to maintain- (a) his wife, unable to maintain herself, or (b) his legitimate or illegitimate minor child, whether married or not, unable to maintain itself, or (c) his legitimate or illegitimate child (not being a married daughter) who has attained majority, where such child is by reason of any physical or mental abnormality or injury unable to maintain itself, or (d) his father or mother, unable to maintain himself or herself, a magistrate of the first class may, upon proof of such .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR2009SC1816; 2009CriLJ1727; RLW2009(2)SC2221; 2009(1)SCALE41; (2009)3SCC337
..... 3 of the indian majority act, 1875 provides for age of majority of persons domiciled in india and the criteria for computation of age of majority ..... criminal proceedings in respect of a juvenile in conflict with law, in any court, the determination of juvenility of such a juvenile shall be in terms of clause (1) of section 2, even if the juvenile ceases to be so on or before the date of commencement of this act and the provisions of this act shall apply as if the said provisions had been in force, for all purposes and at all material times when the alleged offence was committed.7. in our opinion, the high court is not ..... date of production of the appellant before the learned magistrate being 25.5.1994 and assuming that the date of birth of the accused was 10.5.1978, he was not a juvenile within the meaning of the provisions of the said act.the learned sessions judge, held:the learned advocate feebly contended that the accused should be treated as a juvenile on the date of offence as per the decision reported in 2000 sc (crl) 1270, alt 2002 ap 511 ..... and instead of passing any sentence in respect of the juvenile, forward the juvenile to the board which shall pass orders in respect of that juvenile in accordance with the provisions of this act as if it had been satisfied on inquiry under this act that a juvenile has committed the offence.provided that the board may, for any adequate and special reason to be mentioned in the order, review the case and pass appropriate order .....
Tag this Judgment!Court : Supreme Court of India
Reported in : 2010CriLJ395; JT2009(12)SC74; (2009)8SCC359
..... -(a) 'minor' means a person who, under the provisions of the indian majority act, 1875 (9 of 1875) is deemed not to have attained his majority;(b) 'wife' includes a woman who has been divorced by, or has obtained a divorce from, her husband and has not remarried ..... to such person as the magistrate may from time to time direct:provided that the magistrate may order the father of a minor female child referred to in clause (b) to make such allowance, until she attains her majority, if the magistrate is satisfied that the husband of such minor female child, if married, is not possessed of sufficient means.provided further that the magistrate may, during the pendency of the proceeding regarding monthly allowance for ..... neglects or refuses to maintain-(a) his wife, unable to maintain herself, or(b) his legitimate or illegitimate minor child, whether married or not, unable to maintain itself, or(c) his legitimate or illegitimate child (not being a married daughter) who has attained majority, where such child is, by reason of any physical or mental abnormality or injury unable to maintain itself, or(d) his father or mother, unable to maintain himself or herself,a magistrate of the first class may, upon proof of such neglect or refusal, ..... this case the direction has been issued to recover the amount of maintenance only for the period prior to the sons' attaining majority and the daughters getting married and hence no interference with the impugned judgment, in this behalf, is called for.19. .....
Tag this Judgment!Court : Supreme Court of India
..... therefore, she had not attained the majority under the indian majority act, 1875. ..... proposal is called the promisee ; (d) when, at the desire of the promisor, the promisee or any other person has done or abstained from doing, or does or abstains from doing, or promises to do or to abstain from doing, something, such act or abstinence or promise is called a consideration for the promise; (e) every promise and every set of promises, forming the consideration for each other, is an agreement; (f) promises, which form the consideration or part of the consideration for each ..... points would arise for our consideration :-1) whether exh.a1, the mortgage deed dated 1909-1910 is a valid mortgage deed and even if it is so, whether it is a simple or usufructuary mortgage in terms of sections 58(b) and 58(d) of the transfer of property act, 1882?.2) whether the concurrent finding of the appellate authority in its judgment passed in aa no.216 of 1994 is based on legal evidence on record and in accordance with law?.3) whether the finding recorded in the impugned judgment by the high ..... as per the indian contract act,1872 it is clearly stated that for an agreement to become a contract, the parties must be competent to contract, wherein age of majority is a condition for competency. ..... to acquire the competency to enter into a contract with the uncle of both the appellant and the first respondent the parties should have been of age of majority as required under section 11 of the indian contract act, 1872. .....
Tag this Judgment!Court : Supreme Court of India
..... (a) minor means a person who, under the provisions of the indian majority act, 1875 (9 of 1875) is deemed not to have attained his majority; (b) wife includes a woman who has been divorced by, or has obtained a ..... maintain- (a) his wife, unable to maintain herself, or (b) his legitimate or illegitimate minor child, whether married or not, unable to maintain itself, or (c) his legitimate or illegitimate child (not being a married daughter) who has attained majority, where such child is, by reason of any physical or mental abnormality or injury unable to maintain itself, or (d) his father or mother, unable to maintain himself or herself, a magistrate of the first class may, upon proof of such ..... is convicted of any offence for having caused the death of another person or of having abetted the commission of such an offence, in paying compensation to the persons who are, under the fatal accidents act, 1855 (13 of 1855), entitled to recover damages from the person sentenced for the loss resulting to them from such death; (d)when any person is convicted of any offence which includes theft, criminal ..... of the jurisdiction of the court, or (ii) has, after the institution of the suit in which the decree was passed, dishonestly transferred, concealed, or removed any part of his property, or committed any other act of bad faith in relation to his property, or (b) that the judgment-debtor has, or has had since the date of the decree, the means to pay the amount of the decree or some substantial .....
Tag this Judgment!Court : Supreme Court of India
..... means a person who, under the provisions of the indian majority act, 1875 (9 of 1875); is deemed not to have attained his majority; (b)".wife". ..... same to such person as the magistrate may from time to time direct: provided that the magistrate may order the father of a minor female child referred to in clause (b) to make such allowance, until she attains her majority, if the magistrate is satisfied that the husband of such minor female child, if married, is not possessed of sufficient means: provided further that the magistrate may, during the pendency of the proceeding regarding monthly allowance for ..... neglects or refuses to maintain- (a)his wife, unable to maintain herself, or (b)his legitimate or illegitimate minor child, whether married or not, unable to maintain itself, or (c)his legitimate or illegitimate child (not being a married daughter) who has attained majority, where such child is, by reason of any physical or mental abnormality or injury unable to maintain itself, or (d)his father or mother, unable to maintain himself or herself, a magistrate of the first class may, upon proof of such neglect or refusal, order ..... interim maintenance was also ordered under section 24 of the hindu marriage act, 1955 (hereinafter referred to as the h.m. ..... act by the courts below is concerned, it shall remain unaltered.10. ..... act.3. ..... act ) @ 3,000/- per month payable to both. .....
Tag this Judgment!Court : Supreme Court of India
..... means a person who, under the provisions of the indian majority act, 1875 (9 of 1875); is deemed not to have attained his majority; (b)".wife". ..... same to such person as the magistrate may from time to time direct: provided that the magistrate may order the father of a minor female child referred to in clause (b) to make such allowance, until she attains her majority, if the magistrate is satisfied that the husband of such minor female child, if married, is not possessed of sufficient means: provided further that the magistrate may, during the pendency of the proceeding regarding monthly allowance for ..... neglects or refuses to maintain- (a)his wife, unable to maintain herself, or (b)his legitimate or illegitimate minor child, whether married or not, unable to maintain itself, or (c)his legitimate or illegitimate child (not being a married daughter) who has attained majority, where such child is, by reason of any physical or mental abnormality or injury unable to maintain itself, or (d)his father or mother, unable to maintain himself or herself, a magistrate of the first class may, upon proof of such neglect or refusal, order ..... interim maintenance was also ordered under section 24 of the hindu marriage act, 1955 (hereinafter referred to as the h.m. ..... act by the courts below is concerned, it shall remain unaltered.10. ..... act.3. ..... act ) @ 3,000/- per month payable to both. .....
Tag this Judgment!Court : Supreme Court of India
..... , under the provisions of the indian majority act, 1875 (9 of 1875), is to be deemed not to have attained his majority. 38. ..... shall appoint the director, department of social designated welfare, or representative, the nominated representative of the person with mental illness: as his that provided a person representing an organisation registered under the societies registration act, 1860 or any other law for the time being in force, working for persons with mental illness, may temporarily be engaged by the mental health professional to discharge the duties of a nominated representative ..... to the metical termination of pregnancy act, 1971 (for short, the 1971 act ) which clearly indicates that consent is an essential condition for performing an abortion on a woman who has attained the age of majority and does not suffer from any ..... as far as the majority view of the supreme court of canada is concerned, it interpreted section 16(3) of the canada evidence act and appreciated the various aspects of the evidence tendered by an adult who is mentally challenged and has declined to add ..... by majority judgment unsettled the conclusion of the trial court and the court of appeal after dealing with provisions pertaining to section 16 of the canada evidence act as introduced ..... the majority while disagreeing speaking through the learned chief justice adverted to the principle of competence to testify, concept of admissibility and the responsibility of the trial judge under the said act to decide what .....
Tag this Judgment!Court : Supreme Court of India
..... the position as on date is that under the protection of children from sexual offences act, 2012, juvenile justice (care and protection of children) act, child marriage restraint act, 1929, protection of women from domestic violence act, 2005, the majority act, 1875, the guardians and wards act, 1890, the indian contract act, 1872 w.p ..... . section 3 of the majority act, 1875 provides that a person shall attain the age of majority on completing the age of 18 years and not ..... . very strangely, and as pointed out by sakshi before the lci, the husband of a girl child does not have the liberty and freedom under the ipc to commit a lesser sexual act with his wife, as for example, if the husband of a girl child assaults her with the intention of outraging her modesty, he would be punishable under the provisions of section 354 of the ..... under section 4(i) of the guardians and wards act, 1890 a minor has been defined to mean a person, who has not attained majority under the majority act ..... it would, however, be pertinent to mention that section 2 of the indian majority act contains a non-obstante clause excluding laws relating to marriage, divorce, dower and adoption from the provisions of that act ..... . under the provisions of the aforesaid acts a person, who is a minor and not a major, is not entitled to deal with his ..... . section 11 of the indian contract act, 1872 provides that only a person who has attained the age of majority and is of a sound mind is competent to enter into a .....
Tag this Judgment!Court : Supreme Court of India
..... not attained his majority within the meaning of section 3 of the indian majority act, 1875 (9 of 1875), where the suit relates to any of the matters mentioned in clauses (a) and (b) of section 2 of that act or to any ..... both his person and property, and includes (i) a natural guardian, (ii) a guardian appointed by the will of the minor's father or mother, (iii) a guardian appointed or declared by a court, and (iv) a person empowered to act as such by or under any enactment relating to any court of wards; as mentioned supra, the high court has ruled that defendant no.1, being the father of minor plaintiff no.2, is the natural guardian of plaintiff no.2 and consequently plaintiff ..... by now well settled and as per the provisions of order xxxii of code that any person who is of sound mind, who has attained majority, who can represent and protect the interest of the minor, who is a resident of india and whose interest is not adverse to that ..... judgment, the high court has allowed the appeal and dismissed the suit mainly on the ground that the plaintiff no.1 being the elder brother could not act as the guardian of plaintiff no.2 during the life time of kempaiah, the father of the plaintiffs (defendant no.1), inasmuch as plaintiff no.1/appellant no.1 was ..... (1) any person who is of sound mind and has attained 5 majority may act as next friend of a minor or as his guardian for the suit: provided that the interest of that person is not adverse to that of the minor and that he is not, in the .....
Tag this Judgment!